Steps to prepare yourself before you file a claim in the
Small Claims Court
Get a proof of the harassment:
Collect and be ready with some evidences which say that you have been harassed by
them. The debt collectors usually do not send or give you any written document to collect
the money from you. They usually call you up over the phone.
Record the telephonic conversation
One thing which you can do is to record the telephonic conversations. But be careful
because in some states such recording is illegal and you can be prosecuted. The states
which do not allow secret recording of telephonic conversation are California,
Florida, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania,
Washington, Connecticut, Delaware, Illinois, and Maryland. These states do allow
phone tapping but you have to take the permission of all the parties involved in the
conversation. You can not do this privately. But there are other thirty-eight states
including the District of Columbia which allow secret phone tapping. Just check out
the laws of the state you belong to.
You can also have a video-recording during the interaction. But before that, go
through the laws of your state regarding this. The states which do allow the secret use
of video cameras in private places are California, Georgia, Hawaii, Michigan,
Minnesota, New Hampshire, Utah, South Dakota, Alabama, Delaware, Kansas, and
Maine.
What if your state does not allow such recording?
Keep a notebook to note the details of the conversation. You can present this
notebook to the judge. This will help you to be clear and confident.
Note the following in your notebook:
• The Day and time of the conversation.
• The Number and names of the people talking to you.
• The phone numbers.
• Whether you made the call or you were called up by the other party.
A summary of the conversation.
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